On May 23, 2013, the U.S. Department of Justice (DOJ) announced a settlement agreement with ISS Facility Services Company (ISS) resolving allegations that the company violated the anti-discrimination provision of the Immigration and Nationality Act (INA) by requiring non-citizen employees to present specific documents evidencing identity and work authorization while exempting U.S. citizen employees from the same requirement. According to the INA, employers may not discriminate against noncitizen employees by requiring specific or additional documents during the employment eligibility verification process.
The DOJ’s investigation was triggered by a referral from the U.S. Citizenship and Immigration Services (USCIS) over allegations of improper conduct at ISS locations in Dallas and Houston, Texas. According to the settlement agreement, ISS will pay $49,800 in fines, ensure company-wide compliance with existing employment eligibility verification practices, train all human resources personnel on employer requirements under IRCA’s anti-discrimination provision, and submit to agency monitoring of its employment eligibility verification procedures for a period of two years.